385 Final certification under section 401 of the Federal Clean Water Act and Coastal Zone Management consistency determination

Final Certification under Section 401 of the Federal Clean Water Act and Coastal Zone Management Consistency Determination

[32 Pa.B. 1348]

   The Department of Environmental Protection (DEP) hereby certifies under section 401 of the Clean Water Act (CWA) (33 U.S.C.A. § 1341), subject to the conditions listed in this notice, that the activities authorized by the United States Army Corps of Engineers (Corps) published at 67 FR 2019 (January 15, 2002) (Issuance of Nationwide Permits (NWPs) Notice) which may result in a discharge into waters of the United States in this Commonwealth will comply with the applicable provisions of sections 301--303, 306 and 307 of the CWA and are consistent with Pennsylvania's Coastal Zone Management Program. In addition, the Commonwealth certifies, subject to the conditions listed in this notice, that there is a reasonable assurance that the construction and operation of the NWPs set forth in the January 15, 2002, notice will comply with applicable Federal and State water quality standards.

   On November 24, 2001, the DEP published an initial notice of the Corps' request for section 401 certification of the Corps' proposed NWPs (see 66 FR 42070) (August 9, 2001) at 31 Pa.B. 6512 (November 24, 2001). During the 30-day comment period following the publication of the notice, no public comments were received. The final version of the NWPs was published at 67 FR 2019. For further information concerning the NWPs, contact the United States Army Corps of Engineers: David Olson at [phone]; Rich White at [phone]; or Kirk Stark at [phone]; or access the Corps' Regulatory Home Page at http//www.usace.army.mil/inet/functions/cw/cecwo/reg.

   The Corps is reissuing all the existing NWPs, General Conditions definitions with some modifications and one new General Condition. These final NWPs will be effective on March 18, 2002. All NWPs, except NWPs 7, 12, 14, 27, 31, 40, 41, 42, 43 and 44, expire on February 11, 2002. Existing NWPs 7, 12, 14, 27, 31, 40, 41, 42, 43 and 44 expire on March 18, 2002. To reduce the confusion regarding the expiration of the NWPs and the administrative burden of reissuing NWPs at different times, the Corps is issuing all NWPs on the same date so that they expire on the same date. Thus, all issued, reissued and modified NWPs, and General Conditions contained within the January 15, 2002, notice will become effective on March 18, 2002, and expire on March 19, 2007.

   Except in instances where the Pennsylvania Statewide Programmatic General Permit (PASPGP-2) issued by the Corps in July 2001 does not apply, the Corps has indicated it will suspend these NWPs. This suspension will preserve the one-stop State and Federal permitting process the Corps presently offers under PASPGP-2 while maintaining the current level of protection provided to our wetlands and water resources.

Nationwide Permits

  1.  Aids to Navigation
  2.  Structures in Artificial Canals
  3.  Maintenance
  4.  Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities
  5.  Scientific Measurement Devices
  6.  Survey Activities
  7.  Outfall Structures and Maintenance
  8.  Oil and Gas Structures
  9.  Structures in Fleeting and Anchorage Areas
10.  Mooring Buoys
11.  Temporary Recreational Structures
12.  Utility Line Activities
13.  Bank Stabilization
14.  Linear Transportation Projects
15.  United States Coast Guard Approved Bridges
16.  Return Water From Upland Contained Disposal Areas
17.  Hydropower Projects
18.  Minor Discharges
19.  Minor Dredging
20.  Oil Spill Cleanup
21.  Surface Coal Mining Activities
22.  Removal of Vessels
23.  Approved Categorical Exclusions
24.  State Administered Section 404 Programs
25.  Structural Discharges
26.  [Reserved]
27.  Stream and Wetland Restoration Activities
28.  Modifications of Existing Marinas
29.  Single-family Housing
30.  Moist Soil Management for Wildlife
31.  Maintenance of Existing Flood Control Facilities
32.  Completed Enforcement Actions
33.  Temporary Construction, Access and Dewatering
34.  Cranberry Production Activities
35.  Maintenance Dredging of Existing Basins
36.  Boat Ramps
37.  Emergency Watershed Protection and Rehabilitation
38.  Cleanup of Hazardous and Toxic Waste
39.  Residential, Commercial and Institutional Developments
40.  Agricultural Activities
41.  Reshaping Existing Drainage Ditches
42.  Recreational Facilities
43.  Stormwater Management Facilities
44.  Mining Activities

Nationwide Permit General Conditions

  1.  Navigation
  2.  Proper Maintenance
  3.  Soil Erosion and Sediment Controls
  4.  Aquatic Life Movements
  5.  Equipment
  6.  Regional and Case-by-Case Conditions
  7.  Wild and Scenic Rivers
  8.  Tribal Rights
  9.  Water Quality
10.  Coastal Zone Management
11.  Endangered Species
12.  Historic Properties
13.  Notification
14.  Compliance Certification
15.  Use of Multiple Nationwide Permits
16.  Water Supply Intakes
17.  Shellfish Beds
18.  Suitable Material
19.  Mitigation
20.  Spawning Areas
21.  Management of Water Flows
22.  Adverse Effects from Impoundments
23.  Waterfowl Breeding Areas
24.  Removal of Temporary Fills
25.  Designated Critical Resource Waters
26.  Fills Within 100-year Floodplains
27.  Construction Period

   This certification is subject to the following conditions:

Conditions

   1.  Prior to commencing any activity covered by an NWP, the applicant must obtain all necessary permits or approvals from the DEP, including, but not limited to, those required by the The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1304), the Land Recycling and Remediation Standards Act (35 P. S. §§ 6026.101--6026.908) and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91--93, 95, 102, 105 and 260--299. All environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of Section 401 Water Quality Certification for the NWPs.

   2.  Fill material cannot contain wastes as defined in the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

   3.  For activities which impact on wetlands, a delineation shall be conducted in accordance with the Commonwealth's procedures for wetland delineation. The present procedure is published at 25 Pa. Code § 105.451 (relating to identification and delineation of wetlands--statement of policy).

   4.  The DEP retains the right, on an individual activity basis, to withdraw or modify 401 Water Quality Certification for an activity subject to a NWP which it determines may adversely impact water quality.

DAVID E. HESS,   
Secretary

[Pa.B. Doc. No. 02-385. Filed for public inspection March 8, 2002, 9:00 a.m.]